The sun. [volume] (New York [N.Y.]) 1833-1916, 1887-07-03

ernor who was an anti-Federalist, would
| only sign bill acceptable TO his
party. The obvious purpose Of the delay
was to afford the Legislature q pretext 70 AS
sumo, az II had assumed In 1900, the function
OF choosing delegates to the Electoral College,
and accordingly at tho adjourned special meet-
ing in Novembet the majority in both Houses
appointed nineteen Federalist electors. The
Massachusetts, votes were counted for the Fcd-
eralist candidates, but not without protest In
Congress. "The opinion expressed by many
in this debate, and the votes upon the 1ues-
ton whether the petitions tof the anti-Fed.
eralist minority IN Massachusetts should
DO received led to the conclusion that, In
the case OF close election. the votes
OF electors chosen In the manner described
would be liable to be rejected. Twelve years
later Daniel Dickerson Of New Jersey gave hts
opinion that these votes were Illegal and
would rightfully have been 80 declaredf thcy
were necessary to the result" Diokefson did
not deny tho constitutional competence OF the
Legislature to choose electors. provided IL pro-
ceeded in the regular way. What he COM
planned of was It's exercise Of tho function
without having previously embodied decision
to exercise 1t in legislative act.
The mode Of appointing electors was again a
source Of trouble in Massachusetts, during the
much closer contest which preceded the 500
ond election OF Madison. 1t was at this time
that the word gerrymandering was coined.
Since 1908 an anti-Federalist Governor, Ell
bridge Gerry. and an accidental anti-Federal-
fist Legislature had 30 dlstricted the State as
to transform o minority into strong majority.
Now. however, a Fsderalist was Governor. and
tho Federalists, controlling the lower House
OF the Legislature. demanded either
change to the general ticket system or q
Cal n,t anti Fad ralfate
who still were masters Of the Senate, would
only give them choice between the gerry
wandered districts or nothing at all. BY the
compromise finally arranged, the electors were
to be chosen In the old Common Pleas circuits.
every one OF which was swept by the Federalist-
Clintonian coalition. At this time, when the
animosity between the supporters and de-
nouncers Of the war OF 1919 was singu-
larly intense. o still moro arbitrary ex-
erciss of power took place In New Jer-
sey. Hero the appointment Of electors was
suddenly assumed by the Legislature only
three days before the day OF election. although
q general ticket law was then In force, and
both parties had placed electoral tickets
in the field. Equal unfairness was exhibited
on Madisons side in North Carolina, where the
Legislature against the known wish Of the
people, repealed the law creating the district
system. and itself exercised the power Of APP
pointment. In this case the action was de-
Tended on the ground that largo numbers Of
mon favorable to Madison had enlisted In the
army and navy. and their absence might have
made the State doubtful" In Pennsylvania
at the Same crisis. whom four electors failed to
attend at the meeting OF the Electoral College,
the Legislature on tho first Wednesday In De-
oember named four others in their place. The
votes Of these four electors were counted,
though they would no doubt have been dis
puted in close contest, tho appointment mot
having been made thlrty-four days preceding
tho day Of election.
The designation Of Presidential electors by
q Legislature Ii now thoroughly dlscredited,
but 1t Is not we'll to forget that the legal power
remains and may be invoked by desperate
political managers at a critical conjuncture
Tho district system. which was once not mere
ly tolerated but popular In many States, has
also boon laid aside. Mr.. ONeil reminds us
that had 1t been In force In tho Northern States
in 1850 Mr.. Lincoln would not have been made
President, and there would have been no civil
war.
. Among the other subjects examined In this
useful book may be mentioned tho method of
counting and verifying tho electoral votes. Mr..
O'Neil has collected all the facts bearing on
thistopie. including all the objections to the
reception OF particular votes, which. since the
adoption Of the Constitution, have either been
mooted in private letters Of influential mon or
in the newspapers at the date Of the irregulari-
ties complained Of. or which have boon duly
offered In the Federal Legislature. To trace
at this time even In outline the fuctua-
lions OF opinion and decision touching
this momentous question would dstain
US too long. We have already indicated
the capital value OF this book to those
who wish to understand. not what our organic
law seems to be In tho text Of the document
declaring 1t. but what It In practice is. When we
call to mind that In 1883 every Legislature might
legally strip the people Of its State Of the power
OF choosing Presidential electors, and that
every eleotor might legally vote for candidate
obnoxious or unknown to those who deputed
him. we shall recognize how absurdly mistaken
q conception OF our actual methods Of govern
ment would be formed by European politician
who was only familiar with our written Oonsti-
tuition. N. W. h. .